Recent Accomplishments and Decisions of Interest:
The Law Offices of Kenneth J. Weinstein P.C. is known for its effective and skillful trial advocacy and related appellate work. Led by its founding partner, the Law Offices of Kenneth J. Weinstein P.C. has represented high net worth clients and conducted numerous trials in Family Court and Supreme Court throughout the New York Metropolitan region. The Firm is experienced in handling clients with actions in multiple courts at the same time including Family Court, Supreme Court, and District Court. The Firm regularly drafts detailed and complex settlement agreements, including prenuptial agreements and postnuptial agreements. The Firm perfected and argued numerous appeals, motions, and stay applications in the Appellate Divisions.
Recent Accomplishments:
In 2024, the Firm prepared and conducted a complex 38-day divorce financial trial to conclusion in a high-net-worth case in Supreme Court, Nassau County.
In 2024, the Firm conducted a custody trial in Family Court, Suffolk County, which was settled after several days of trial testimony.
In 2023, we secured for our client an $18,750.00 per month basic child support award with the other spouse paying 100% of add-on expenses.
In 2022, the Firm conducted a custody trial in Supreme Court, Nassau County, which was settled after several days of trial testimony.
In 2022, the Firm was successful in receiving a stay of enforcement of a lower court’s counsel fee award on a motion to the Appellate Division.
In 2020, we secured a pendente lite award for our client consisting of exclusive use and occupancy of the marital residence, $10,000.00 per month in maintenance, $7,500.00 per month in child support, $50,000.00 in interim counsel fees, plus requiring her husband to pay, in addition to that, 100% of all carrying costs of the marital residence, our client’s car lease, and 100% of all add-on expenses of the child including educational, extracurricular, and medical expenses.
In 2019, the Firm secured, as part of a settlement, a 3.5-million-dollar Equitable Distribution Award for one of our clients.
In 2019, the Firm handled a post-judgment action changing both sole legal and sole residential custody to our client the father which was upheld on a subsequent appeal.
The Firm secured a distributive award, confirmed on appeal in 2016, in a high-income case entitling our client to almost $10 million which included prejudgment statutory interest.
Below is a short list of published decisions rendered on just some of the more recent appeals our Firm handled:
Appellate Division, Second Department, 2024: Appellate Court reversed the lower court and permitted our client access to the former marital residence.
Appellate Division, Second Department, 2024: Appellate Court affirmed the lower court’s ruling in our client’s favor, following hearing, adjudging spouse in criminal contempt.
Appellate Division, Second Department, 2023: Prevailed on appeal reversing lower court. Appellate Court held the trial court improperly granted former spouse an award of child support add-on expenses.
Appellate Division, Second Department, 2022: Appellate Court upheld the lower court’s determination, made after trial, modifying custody of the child and awarding custody to our client.
Appellate Division, Second Department, 2021: Appellate Court affirmed money judgments in our client’s favor.
Appellate Division, Second Department, 2020: Prevailed on appeal reversing lower court. Appellate Court held our client successfully met his prima facie burden of establishing entitlement to summary judgment dismissing spouse adultery counterclaim.
Appellate Division, Second Department, 2020: Appellate Court reversed the lower court and remitted the matter for a new determination on our client’s motion.
Appellate Division, Second Department, 2018: Appellate Court affirmed lower Court’s trial decision which held our client overcame presumption that certain inherited funds commingled in a joint account were marital property, distributed spouse’s interest in his business and enhanced earning capacity, and awarded our client maintenance and counsel fees.